(pillow)Case of the Week (40) – 73; Fair Sailing again!

(This is an instalment in a series of blogposts about the ISAF Call book 2009-2012 with amendments for 2010. All calls are official interpretations by the ISAF committees on how the Racing Rules of Sailing should be used or interpreted. The calls are copied from the Call book, only the comments are written by me.)

Case 73

Rule 2, Fair Sailing
Rule 11, On the Same Tack, Overlapped

When, by deliberate action, L’s crew reaches out and touches W, which action could have no other intention than to cause W to break rule 11, then L breaks rule 2.

Summary of the Facts

W and L were overlapped on starboard tack beating towards the windward mark. The crew of L, who was on a trapeze, reached out and deliberately touched W’s deck with a hand and intimated that W should retire. L protested W. The protest committee disqualified W under rule 11 and she appealed.

Decision

W’s appeal is upheld; L is disqualified and W reinstated. Because L could sail her course with no need to take avoiding action and there was no risk of immediate contact had L changed course in either direction, W was keeping clear of L. Therefore, W did not break rule 11. The deliberate action of L’s crew, which could have had no other intention than to disqualify W, broke rule 2.
RYA 1971/6